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HomeMy WebLinkAboutThe Citizen, 2005-06-23, Page 19THE CITIZEN, THURSDAY. JUNE 23, 2005 PAGE 19 Court news Man pleads guilty to drunk driving charge An RR3, Goderich man pled guilty in Wingham’s provincial court. June 16. to driving with over XO mg of alcohol in 100 ml of blood. According to attorney for the Crown Rod Guthrie, Michael Patrick Samel was charged after being stopped by police in North Huron on April 22. Samel displayed slight symptoms of intoxication, Guthrie said. which became more pronounced as time passed. The lowest of two breathalizer readings was 270 mg of alcohol in 100 ml of blood. Samel has two previous convictions from 1988 and 1991. Guthrie asked Judge R.G.E. Hunter to consider an order for counselling due to the high readings. Samel was fined $2,000 and was placed on probation for 12 months, during which he must receive counselling for substance abuse. He is prohibited from driving for two years. Hunter gave him 12 months to pay the fine. CARE AND CONTROL Scott Edward Ackerblade of Barrie pled guilty to having care and control of a vehicle while having more than 80 mg of alcohol in 100 ml of blood in his system. Guthrie said Ackerblade had left Barrie March 10 with “no particular destination in mind.” Along the way he bought a case of beer and “ultimately put his car in the ditch.” When police arrived they found Ackerblade behind the wheel with the keys in the ignition. “It was clear to police that he had been drinking.” The lowest breathalizer reading was 160 mg of alcohol in 100 ml of blood. According to duty counsel G. MacKinnon the car was not totally in the ditch, just one tire. He added that Ackerblade had begun receiving counselling. The accused was convicted of impaired in 1993. Hunter fined him $1,200 and suspended his driver’s licence for 12 months. Ackerblade has three months to pay the fine. UTTER THREAT A Kitchener man pled guilty to charges of breaching a court order, uttering a threat and assaulting a police officer. The victim contacted police Nov. 12. She said that Arnold Kregar had told her he was “going to smash her face until no one would recognize her.” Guthrie said when she attempted to call 911, Kregar yanked the phone from the wall and threw it, breaking a picture frame. Guthrie described the accused as “highly intoxicated” at the time. When the officer arrived, Kregar punched him in the chest and attempted to leave the area. Not longer after this, while on bail, Kregar was found in a situation where he had obviously consumed alcohol resulting in the breach charge. Defence counsel Mike Donnelly submitted a pre-sentence report, which he described as “really unremarkable. This is a fellow who has worked hard his whole life. He retired early, which may, it seems now. have been a mistake, leaving him with too much time on his hands.” *. Kregar spent four days in custody for assaulting the police officer. Hunter suspended sentencing, and fined him $300 for the assault, $200 for the breach and ordered restitution for the phone and frame in the amount of $174. Kregar was placed on 18 months probation and had to submit a sample of his DNA. He has six months to pay the fine. ASSAULT Two men received conditional discharges after pleading guilty to assault in separate cases Gerald Pfeiler of Ethel was arrested April 3. During a disagreement Pfeiler pushed the victim and knocked her back. Michael McDougall of RR2. Wingham was arrested April 14. Upset by something the victim had done, he grabbed her from behind and pushed her forward while she was sitting on the couch. Both men were placed on probation and- are prohibited from owning weapons for a period of five years. FOUND GUILTY Following evidence presented during a trial Hunter found Kyle Barlow of Wingham guilty of causing a public disturbance, resisting arrest and uttering threats. The victim testified that words had been exchanged with Barlow on April 3 over a CB radio. According to him. when he drove to where Barlow was. the accused hit him on the back of the head, as he walked past him, knocking him down. After getting to his feel, the victim said he left for a friend's house, where a number of people were gathered. Barlow followed. “There were about 15 of us standing there and he said he’d kill us all,” said the victim. The owner of the house went even further saying that at one point Barlow' pointed out people specifically as he made his threats. During his testimony, however, Barlow said that threats were being made against him by the victim and his friends, and that he was simply responding. Const. Bryan Verhaeghe told the judge that when he arrived at the scene, there was a male on the sidewalk yelling at people on the lawn. He described Barlow as having an “aggressive manner” and stated he asked Barlow several times to lower his voice and calm down. Eventually, the officer grabbed Barlow's wrist and told him he was under arrest. As Verhaeghe reached for the cuffs Barlow got free and ran. Testimony had the accused returning to the house on at least two occasions. After staying at a friend’s home Barlow turned himself into police the following morning. During his testimony, the accused said the name-calling had been started by the victim. The physical altercation, he said, resulted when the victim “ran at me in a manner of,- how should 1 put this, like he was going to hit me. His fists were up. It was an aggressive manner.” Barlow admitted there was a tussle but said he put his hands up to end it. “(The victim) said he was coming back with a crowbar to take me out,” said Barlow. He decided to follow so he could let police know if necessary. Police did arrive after the home owner called them. Barlow claimed he tried to explain to the officers but felt they weren’t listening. Alarmed to see one “reach for something” Visser ran because he felt threatened. On cross-examination Guthrie wondered why Barlow had apparently not paid attention when police told him to calm down. “1 was trying to quiet the crowd,” he said. He also disagreed that the officer had told him he was under arrest for anything specific. Guthrie pointed out that Barlow Continued on page 20 NETWORK CLASSIFIEDS "Advertise Across Ontario or Across the Country" COMING EVENTS WWW ONTARIOBERRIES COM Ontario Berries Are Here1 Buy Local, Buy Fresh, Buy Ontario Strawberries. 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